Patent Protection

Navigating the intricacies of patent protection is a crucial step for inventors and companies looking to safeguard their innovations in Egypt. The process involves several key stages, from application and examination for novelty to the eventual grant of a patent, each with its own set of requirements and deadlines.

Understanding these steps, as well as the obligations for maintaining a patent, is essential for anyone looking to protect and capitalize on their intellectual property in this jurisdiction. This guide offers a concise overview of the patent protection process in Egypt, designed to help you secure your invention with confidence.

  • 1. Introduction to Patent Application

    Submit your patent application to ensure your invention complies with local law. Amendments may be required for conformity.

  • 2. Novelty and Examination Process

    Absolute novelty is a must. Your invention should be new worldwide, undergoing thorough examination for its content and novelty.

  • 3. Publication and Opposition

    Accepted applications are published, allowing for a two-month opposition period. Without opposition, or if opposition is overcome, proceed to final steps.

  • 4. Timeframe and Annuities

    From application to grant, the process averages three years. Annual fees are payable even before grant, with a one-year grace period for late payment.

  • 5. Appeals Process

    Disagree with the Patent Office? Appeal within 30 days of receiving notice by submitting a petition.

  • 6. Patent Validity

    Enjoy 20 years of protection from the filing date, with annual fees due until expiration.

  • 7. Assignment and Transfer

    Transfer of patent rights must be in writing and is effective against third parties once published in the Official Gazette.

  • 8. Compulsory Working Requirement

    Patents must be actively worked within specified periods, or face compulsory licensing or cancellation for non-use.

  • 9. Termination of Patent Rights

    Rights end with the patent term, abandonment, a court decision, non-payment of fees, or non-response to official actions.

  • 10. Infringement Consequences

    Patent rights infringement is subject to penalties under current law

    (Law No. 82 for 2002).

Patent Services In Egypt

Our patent attorneys and technical specialists are experienced in all areas of client representation before the Egyptian Patent Office, patent litigation, patent prosecution, infringement avoidance, IPR portfolio management general counseling, and opinion work. We provide assistance to an extensive network of patent law firms from around the world and secure and protect the rights of their clients in Egypt. We offer patent registrations and related legal services whether you need to defend your own patent or want to proceed against another's patent.

  • Patent Application Filing (National Filing, Or Via Paris Convention, In Either English or French).

  • PCT National Phase Entry.

  • Requests For Examination.

  • Response To EPO Office Actions.

  • Payment Of All Due Fees And Annuities.

  • Translations Of Full Specification And Related Documents.

  • Change Of Name And Address Of Proprietor, Assignments.

  • Filing Statements, & Filing Opposition.

  • Litigation Before The IP High Court.

  • MBO provides its clients with a professional vision in this aspect; where claims, full description of the invention and drawings are drafted in compliance with the different patent laws in the world.

Validation System

  • To find any granted patents for the desired applications that would be valid at the national patent offices.

  • To make the application pursuant to the national patent laws.

  • The "validation process" will be completed by issuing a granted patent.

Patent Infringement Follow-Up

Market Watch is actively and continuously conducted to alert us of any kind of infringement; thus guarantying maximum protection for your patents.

Because pharmaceutical and biotechnology patents are at an extremely high risk of infringement, MBO has created a new service for this sector which consists of tracking and following-up any patent or data protection infringement at the local health authorities and patent offices to control and make sure of proper protection.

FAQ

  • Can a patent search be conducted?

    Yes.

  • Can a patent application be filed without its complete documents?

    Yes.

  • Can convention priority be claimed? Paris Convention?

    Yes.

  • Can a registration be obtained for pharmaceutical products?

    Yes. However examination did not start till January 1, 2005.

  • What is the term of protection of a patent and from which date is it calculated? Can it be extended?

    20 years from the date of filing in Egypt. No.

  • Is a secret form of filing a model/design permitted?

    No.

  • Is there a novelty requirement? Is it local or worldwide?

    Yes. Worldwide.

  • Are utility models granted protection in Egypt under the current law?

    Yes.

  • Is the patent protection available for software alone, or must the software be coupled with computer hardware in order to permit patent application?

    No - Yes.

  • Can the specifications or claims be amended?

    Yes.

  • Could annuity payments be made before the granting of the patent?

    Yes.

  • In what language should specifications and claims of the patent be filed?

    Arabic specification and abstract + English abstract.

  • Is working of the invention required to keep protection in force and, if so, can the working requirements be satisfied by importation or nominal working?

    Yes - Yes.

  • What are the conditions that might lead to a compulsory license?

    Non use for 3 consecutive years after grant of patent.

  • Must assignments be recorded within a certain period?

    No.

  • Does the Patent Law provide for licenses or registered users?

    Yes.

  • Does the Patents Office publish the patent applications in the Official Gazette?

    Yes.